THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, BISHOP, CALTAGIRONE, D. COSTA, DALEY, DAVIS, DONATUCCI, GOODMAN, HORNAMAN, HUTCHINSON, JOSEPHS, KULA AND VULAKOVICH, MARCH 5, 2012

REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 5, 2012  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," providing for unlicensed

residential habilitation waiver services and reimbursement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, is amended by adding a section to

read: 

Section 211.1.  Unlicensed Residential Habilitation Waiver

Services.--Subject to Federal approval of such amendments as may

be necessary to the Commonwealth's approved Title XIX State

plan, the department shall do all of the following:

(1)  Permit a relative or legal guardian of an individual

with an intellectual disability to provide unlicensed

residential habilitation waiver services to the individual in a

residential setting approved by the department. A residential

setting may include the private home of an individual with an

intellectual disability and the private home of a relative or

legal guardian of an individual with an intellectual disability.

(2)  Promulgate regulations that establish the process and

criteria to be used to determine eligibility for a relative or

legal guardian of an individual with an intellectual disability

to provide unlicensed residential habilitation waiver services

to the individual in residential settings approved by the

department. The relative or legal guardian must meet the

qualifications criteria for providers of residential

habilitation waiver services set forth by the department as of

the effective date of this section.

(3)  The department shall establish reimbursement rates for

eligible relatives or legal guardians providing unlicensed

residential habilitation waiver services.

Section 2.  Within 90 days of the effective date of this

section, the Department of Public Welfare shall submit to the

appropriate Federal agency a request for necessary waivers of

Federal law and regulations and for any other approvals by the

Federal Government necessary for the implementation of the

changes and additions made by the addition of section 211.1 of

the act. It is the obligation of the department to enter into

good faith negotiations with the appropriate Federal authorities

and to make every effort to obtain the necessary Federal waivers

and approvals.

Section 3.  This act shall take effect immediately.